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F. W. WOOLWORTH CO. v. MEIS

No. 13670.

310 F.2d 350 (1962)

F. W. WOOLWORTH CO., Plaintiff-Appellant, v. Henri A. MEIS, Trustee under Agreement dated December 26, 1945, known as the Blanche Meis Trust, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 20, 1962.

Attorney(s) appearing for the Case

Howard E. Kane, Chicago, Ill., Clyde Meachum, Danville, Ill., Anan Raymond, Thomas W. McNamara, Chicago, Ill., Thompson, Raymond, Mayer & Jenner, Chicago, Ill., Foreman, Meachum & Clapper, Danville, Ill., of counsel, for appellant.

Robert Z. Hickman, Danville, Ill., Horace E. Gunn and Gunn, Hickman and Kesler, Danville, Ill., of counsel, for appellee.

Before HASTINGS, Chief Judge, and KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

This is a diversity declaratory judgment suit by the tenant, Woolworth, for a declaration that defendant landlord was bound under a lease to pay the cost of installation of a heating unit made necessary by discontinuance of the previous heating system. The court, without a jury, decided against Woolworth and it has appealed.

For many years prior to 1953, Woolworth rented from the landlord the first floor of the Daniels building and connected...

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